This afternoon, the Virginia Senate passed by a 35-5 vote a proposed amendment to the Virginia Constitution that would protect private property rights and curb the governments power of eminent domain. After four years of trying to pass this important legislation, with twists and turns, near-deaths, deaths, resurrections, and last minute defeats in previous General Assembly sessions, today's vote was deceptively overwhelming yet historic in importance.

Now the resolution, HJ 693, goes back to the House of Delegates since it was changed from the version that passed that chamber. Acceptance of the Senate version is almost a certainty, with House members openly eager and excited about the opportunity to vote on something given little chance in the Senate when session started.

After days of back and forth negotiations between several legislators and groups, amendments offered today were accepted by the full Senate, which led to its overwhelming victory. Liberty and limited government won today! Amazingly, the first vote on the legislation received 31 yeas, but when the vote was reconsidered, even more Senators saw the bill had overwhelming support and jumped on the bandwagon. Some had voted against nearly every other bill to protect our property rights.

Never underestimate the influence of an election year.

Next steps: The resolution must be passed again by the new General Assembly next year  with no changes. That done, it will go to Virginians to ratify at the polls in November 2012.

There are several legislators who worked to get this done and we can't possibly list them all. However, we cannot go any further without a bit of thanks  a bit, only, because it is impossible to adequately thank him  to the resolutions patron, Delegate Johnny Joannou (D-79, Portsmouth). Without his determination, legislative skills and persuasive public oratory, we would very likely have to wait another three years for property rights protection. Other key leaders on this issue include Senator Mark Obenshain (R-26, Harrisonburg) and Delegate Rob Bell (R-58, Charlottesville). Each of these legislators has fought for property rights protections for years.

Attorney General Ken Cuccinelli and Senator Steve Newman (R-23, Lynchburg) also were key to the negotiations on this bill, and to its ultimate success.

From his statement, it looks like government can still take your property...just as long as its not to build condos for someone else. If they need your home and land for a school or power plant-this bill makes sure the government can still take it.

5
posted on 02/23/2011 6:22:33 AM PST
by icwhatudo
("laws requiring compulsory abortion could be sustained under the constitution"-Obama official)

“That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, business goodwill and access lost, damages to the residue caused by the taking, and damages to adjacent property caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.”

I don’t think that’s the final text as it doesn’t seem to have the Senate amendments that are referred to on the page linked in Reply #4 as “Senate amendments engrossed” (which I believe means accepted).

HOUSE JOINT RESOLUTION NO. 693
Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

03/03/11 House: Enrolled
03/03/11 House: Bill text as passed House and Senate (HJ693ER)
03/03/11 House: Signed by Speaker
03/04/11 Senate: Signed by President
Full text:
03/03/11 House: Bill text as passed House and Senate (HJ693ER) pdf

(language to be added is in italics...language to be removed has a line through it)

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.